Kayote Bar

25 Bretonside, Plymouth, Devon, PL4 0BB

Completed application 073630 which is a Minor Variation Application for Premises Licence from 16/07/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises -

   

  (a)              games or other activities which require or encourage, or are designed to require or encourage, individuals to -

   

  (i)              drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)              drink as much alcohol as possible (whether within a time limit or otherwise);

   

  (b)               provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

  (c)              provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

  (d)               selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

   

  (e)               dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.              (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either -

   

  (a)               a holographic mark, or

  (b)               an ultraviolet feature.

   

  4.               The responsible person must ensure that-

   

  (a)              Where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

   

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

   

  (b)              these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c)              where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “permitted price” is the price found by applying the formula P = D + (DxV) where:

   

  (i) P is the permitted price

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of Value Added Tax chargeable in relation to the alcohol as if the Value Added Tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to a premises licence -

   

  (i)   the holder of the premises licence,

  (ii)  the designated premises supervisor (if any)

  (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “Value Added Tax” means Value Added Tax charged in accordance with the Value Added Tax Act 1994.

   

   

  Door supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed-

  (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or

  (b) in respect of premises in relation to-

  (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section-

  (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions that have been agreed with The Police Licensing Authority

   

  Prevention of Crime and Disorder

   

  1.              Whenever the designated premises supervisor is not at the premises another responsible person will be nominated by the designated premises supervisor as being the person to manage the premises.

  2.              CCTV to be installed to comply with the UK Police Requirements for Digital CCTV Systems

  3.              CCTV cameras to be kept clean and maintained at all times.

  4.              CCTV images will be retained for a minimum of 31 days.

  5.              The CCTV system will have the capability of downloading the images to a recognised format.

  6.              A register will be kept detailing all requests by Police for CCTV images.  This will include time and date of request, time, date and location of incident, time and date of hand on to Police.

  7.              During trading hours, members of staff trained to view and download images from CCTV at request of Police.

  8.              The Police Licensing Department will be informed if the CCTV system is not working.

  9.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. slips, accidents, entry refusals and incidents of disorder etc. The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing.  The logbook will be made available for up to six months Police or any other responsible authority for inspection, if required.  All relevant incidents will be reported to the police at the earliest opportunity.

  10.              No irresponsible drinks promotions or all inclusives.

  11.              No open bottles or any other vessels will be permitted to be taken from the premises

   

  Protection of Children from Harm

   

  1.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable.

   

  ·              UK photo driving licence

  ·              Passport

  ·              PASS  card, (Proof of Age Standards Scheme)

   

  2.              Notices obtained from Police publicising the Challenge 21 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times.

  3.              Regulated and documented training of staff in relation to the prevention of under age sales.

   

  Conditions that have been agreed with the Environmental Health Department

   

  Public Nuisance

   

  1.              Doors and windows will be kept shut during entertainment.

  2.              Suitable signage at the exit to request the co-operation of patrons to make as little noise as possible when leaving the premises.

  3.              A senior member of staff (manager) will assess the impact of any noisy

  activities on neighbouring premises at the start of the

  activity/entertainment and periodically throughout the activity/ entertainment and take action to reduce noise levels if they are found to be excessive/ distinguishable above background levels at the nearest residential property

  4.              Bottle skips and bins containing cans or bottles will not be emptied outside

  after 23.00hrs but will be dealt with the next day during normal office hours.

  5.              The pavement to the front of the establishment will be swept daily from rubbish originating as a result of the business activity

  6.              A cigarette butt disposal container will be provided to the front of the premises and will be emptied on a regular basis

  7.              Live entertainment is restricted to 1 performance a week in the period from Monday to Sunday

  8.              Each performance of Live Entertainment shall not exceed two hours duration, inclusive of any breaks and must be completed by 23h15.

   

  Public Safety

   

  1.                            The maximum occupancy figures for the premises will be:

  Ground Floor 150 persons

  First Floor              60 persons.

  2.              Any evening functions on the First Floor will be covered by one additional door supervisor.

  3.              We will employ an appropriate method for checking the number of people

  entering and leaving the premises and ensure that steps are taken so that,

  once the maximum occupancy is reached, no further persons are admitted.

   

   

  Steps that have been taken to promote the Four Licensing Objectives

   

  1.              Door security will be provided at busy times

  2.              Fire Alarm with automated system installed

  3.              Intruder alarm installed

  3.              Regular fire drills practiced

  4.              First Aid equipment available

  5.              Music levels monitored and kept below requirements

  6.  Door security personnel to ensure people do not loiter by the premises

  7.  No persons under the age of 18 are permitted in the ground floor after 19.00hrs.

   

  There will be no adult entertainment

   

   

   

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  8th December 2009

   

  Public Nuisance

   

  1        A winding down period shall be established at least 30 minutes before closing time to create a mood change.

   

  2.              In the absence of the DPS you shall have a nominated deputy in place who understands the restrictions of the premises licence. A nominated deputy will be empowered to address any problems identified by a representative of a Responsible Authority.

   

  Public Safety

   

  1. Door staff who are suitable trained shall be provided on the premises during busy periods to reduce the potential for overcrowding.

   

  Prevention of Crime and Disorder

   

  1.  Whenever the premise remains open after midnight on Friday and Saturday night a minimum of two door staff will be employed from 23:00   until close of business.

   

   

   

• ANNEX 4 - PLANS

   

  As Attached